To build a brand, its vital for businesses to be aware of their rights with respect to using the intellectual property of others to avoid inadvertently infringing on someone else’s rights. Where a person honestly and accidentally infringes another’s trade mark (Infringer) a defence that may be available is that the the mark in question was being used in good faith. The circumstances in which this defence is available is set out in section 122 of the Act and is the subject of this article. [Read more…]
Trade Mark Infringement
Calculating account of profits for trade mark infringement
28 July 2021 by
Where a Court has determined that a trade mark has been infringed, the plaintiff (Plaintiff) must elect between receiving an account of profits or damages as a remedy. This article discusses how the Courts have determined the total to be awarded to the Plaintiff where an account of profits is chosen . In short, an account of profits requires the infringer to give up their ill-gotten gains to the party whose rights have been infringed.[1] [Read more…]
